Fort Walton Beach Council agenda — 06-24-08 regular agenda — reading text

Foster & Foster of the Independent Peer Review and Actuarial Experience Study for the City of Fort Walton Beach General Employees' Pension Plan. ( Finance Director) ( See Backup) GENERAL PUBLIC 7. Comments from General Public on matters of City business not otherwise on the agenda. BOARD /COMMITTEE REPORTS No items OUASI- JUDICIAL AGENDA —First Reading 8. Consideration of Ordinance ( 1765) of the City of Fort Walton Beach, Florida, relating to the rezoning of property located at 214 Stokes Avenue Southeast and 220 Stokes Avenue Northwest, Fort Walton Beach, Florida; rezoning the properties from M -1 Wholesale and Light Industrial to M -2 Industrial Park; providing for a zoning map amendment; and setting an effective date. ( CDS Director) ( See Backup) Municipal Planning Board Recommendation: Approval (7 -0) ( 615108) PUBLIC HEARING AGENDA —Second Reading 9. Consideration of Ordinance ( 1764) of the City of Fort Walton Beach, FL; providing for authority; amending Section 12. 73, Miscellaneous Provisions, of the City's Land Development Code, by creating Article 12. 743, entitled " The Yappy Hour Act "; creating, pursuant to section 509.223, Florida Statutes, a local exemption to certain provisions of general law and agency rules relating to public food service establishments to permit patrons' dogs at certain designated outdoor portions of such establishments; providing for implementation, enforcement procedures, conflicts, severability, and an effective date. ( CDS Director) ( See Backup) Municipal Planning Board Recommendation: Approval (7 -0) ( 615108) 10. Consideration of Ordinance ( 1761) of the City of Fort Walton Beach, Florida, amending the City' s Comprehensive Plan relating to property located at 28 Methodist Avenue; providing for authority; providing for findings of fact; providing for amendment of the Future Land Use Map for the property from REC, Recreational to MDR, Medium Density Residential, providing for internal consistency and providing for an effective date. ( CDS Director) ( See Backup) Municipal Planning Board Recommendation: Approval (7 -0) ( 5118108) 11. Consideration of Ordinance ( 1767) of the City of Fort Walton Beach, amending the City of Fort Walton Beach Firefighters Pension Trust Fund, adopted by Ordinance No. 1174, as amended by Ordinance Nos. 1275, 1315 and 1403; amending Section 6, Service Retirement Benefit Amounts and Eligibility; amending Section 26, Early Retirement Incentive; providing for severability of provisions; repealing all ordinances in conflict herewith and providing an effective date. ( Human Resources Director) ( See Backup) 12. Consideration of Ordinance ( 1768) of the City of Fort Walton Beach, FL; adding a new Chapter 10. 521 entitled " Stormwater Management Utility" to the Code of Ordinances; making findings of facts and purpose; authorizing a Stormwater Management Program; establishing regulations for contributions of stormwater runoff; authorizing establishment of stormwater utility user fees and collections; authorizing certain property owners to refuse service; authorizing establishment of certain credits for mitigation; providing for penalties; resolving conflicting provisions and severability; and setting an effective date. ( Utilities Director) ( See Backup) REGULAR AGENDA 13. Future Agenda Items. ( City Manager) ( See Backup) 14. Consideration of a request for City Council to authorize the negotiation of a contract for Architectural and Engineering Services for the Redevelopment of Chester Pruitt Park, with the top- ranked firm, Goodwyn, Mills and Cawood, for a not to exceed amount of $ 50, 000, as defined in RFP 08 -115, and for the City Manager to execute a contract. If approved, sufficient funding is available in the CRA Fund for this request as outlined in the backup report. ( CDS Director) ( See Backup) 15. Pursuant to City of Fort Walton Beach Code of Ordinances, Section 200.051 request authorization for the City Manager and City Attorney to negotiate a contract with Waste Management for the purchase of 13.53 ± acres in the City' s Commerce and Technology Park as outlined in the backup report. ( See Backup) 16. Consideration of release of lien in the amount of $ 36,250.00 including the 650. 00 Administrative Fees for the property located at 216 Loizos Drive NW, Fort Walton Beach, Okaloosa County, Florida, Tax ID# 14- 2S -24- 2170- 000E -0190, as outlined in the backup report. ( CDS Director) ( See Backup)  17. Consideration of a request for Council' s direction to support, or not support, the County' s request to the Okaloosa County Public Library Cooperative to allow fee -free library service for residents of Shalimar, Cinco Bayou, and Laurel Hill. Parks & Recreation Director) ( See Backup) 18. Consideration of Resolution ( 08 -22) of the City of Fort Walton Beach, Florida, amending the Comprehensive Fee Schedule of the City for Golf Club rates, and setting an effective date. ( Finance Director) ( See Backup) 19. Consideration of a request for Council to authorize the City Manager to execute insurance policies with Public Risk Insurance Agency in the total amount of 452, 599, for the Property and Casualty Insurance renewal effective July 1, 2008, as outlined in the backup report. ( Human Resources Director) ( See Backup) 20. Consideration of Resolution ( 08 -23) of the City of Fort Walton Beach, Florida, accepting funding through the Florida Department of Health for Emergency Medical Services; authorizing the City Manager to execute grant documents; authorizing the City Manager to oversee the project; authorizing a future budget amendment if necessary; and setting an effective date. ( Fire Chief) ( See Backup) 21. Consideration of appointing a Voting Delegate for the Florida League of Cities conference in August. The Voting Delegate form must be submitted to the FLOC by July 27, 2008. ( City Manager) (See Backup) 22. Consideration of Resolution ( 08 -20) providing for the compensation of the Finance Director of the City of Fort Walton Beach; and providing for an effective date. ( City Manager) ( See Backup) 23. Consideration of Resolution ( 08 -21) of the City of Fort Walton Beach, Florida, appointing an Affordable Housing Advisory Committee member for the State Housing Initiatives Partnership Program ( SHIP); providing for duties and responsibilities; providing for duration of membership; and providing an effective date. ( CDS Director) ( See Backup) 24. Consideration of appointment to the Municipal Planning Board. ( City Clerk) ( See Backup) 25. Consideration of appointment to the Board of Adjustment. ( City Clerk) ( See Backup) 26. Consideration of appointment to the Youth Committee. ( City Clerk) ( See Backup) 27. Other City Business for discussion purposes. 28. Mayor /Council Announcements 29. City Manager Announcements ADJOURN Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (FS286.0105) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833 -9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850 -833 -9925 or 1- 800 -955 -8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service.  ERA Fact Sheet What is the ERA? ERA is an amendment to the U. S. Constitution first proposed in 1923, soon after the amendment providing for the right of American women to vote was adopted. Strong actions to achieve ratification of the ERA reached their height from 1972 -1982, when 35 of the 38 required states had ratified. So, the ERA was not then ratified, but just slept. Until now! The text of the Equal Rights Amendment has remained the same since 1943: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. This amendment shall take effect two years after the date of ratification." Why do we still need the ERA? American women still do not have any incontestable, constitutionally guaranteed rights to self-determination as whole, free persons other than the right to vote. Men' s rights can also be negatively impacted by the absence of an ERA. Florida women are still paid an average of 28% less for the same or comparable jobs, even when upaid family care time is factored in! That injustice affects Social Security and pensions: one in seven elderly women wind up in poverty. State statutes and constitutions supposedly assuring women' s legal rights continue to be diluted, unenforced, made worse, or overturned state by state, ( e. g., Florida' s Constitution vis a vis Case No. 5DOO -3660, Fifth DCA, Florida, December 14, 2001). The 14th Amendment often has been ineffective to support women' s Constitutional equality sect. 2 confers it to be men only). Laws, too, can be thwarted, ignored, weakened, overturned or made worse. Note that the very successful, established law, Title IX, was nearly overturned recently, as was Affirmative Action, which worked for many years to help equalize the workplace for women and minorities. Laws remain somewhat ephemeral - no matter how long in place! In 1874, American women realized that if they wanted the right to vote (eventually won in 1920, fifty years after ALL men) they would have to amend the U. S. Constitution. One hundred years later, ( Ref. Craig v Boren) women again realized that if we want Equality guaranteed, we must amend the Constitution again. As it stands now, courts may review cases of sex discrimination with less importance, with Intermediate Scrutiny. Strict Scrutiny is only accorded cases of discrimination based on race, religion or national origin ( Ref.), because these are in the Constitution; sex discrimination is not. Every constitution in the world written after World War II includes a statement that men and women are persons of equal stature or similar words ( per Supreme Court Justice Ruth Bader Ginsburg, May 2002, paraphrased interview), but the United States Constitution does not. If a right is not constitutionally guaranteed, it is not a right. Benefits that could derive from an ERA include: Legal first -class citizenship status. Full rights to self-determination as full and whole persons. Equal treatment under the law ( men and child custody, draft registration). Equal pay. Studies show that a nation enjoys more social and fiscal stability where equality is the standard. As educational levels go up, divorce rates decline.  CITY COUNCIL MEETING